Connecticut: Lawsuit Filed in U.S. District Court Challenging Constitutionality of New Firearms Law

Not to sound repetitive, but I just want to make sure the word gets out that we’re not taking governmental abuse and overreach lying down. I’m not saying “from my cold, dead hands“, but I strongly oppose the manner in which, as well as the content of, Governor Dannel Malloy et al’s recent attempt to circumvent democratic process and undermine the 2nd Amendment. If you have an agenda, promote it openly, don’t try to sneak shit past the electorate with lies and deception. Just sayin’.

From my in inbox, courtesy of The National Rifle Association – Institute for Legislative Action:

Connecticut: Lawsuit Filed in U.S. District Court Challenging Constitutionality of New Firearms Law

Bridgeport, CT – Yesterday, a widely-anticipated lawsuit was filed in U.S. District Court in Connecticut, challenging the constitutionality of the new firearms law that was passed hastily by the Connecticut Legislature in response to the tragic shooting in Newtown by a disturbed individual. Despite this new law being called “An Act Concerning Gun Violence Prevention and Children’s Safety,” Connecticut’s new firearms law makes Connecticut citizens less safe. This lawsuit seeks immediate injunctive relief and a ruling declaring the new law unconstitutional under the Second Amendment of the U.S. Constitution. It alleges that Connecticut’s new firearms law violates the Second Amendment, and makes both citizens and law enforcement less safe by depriving citizens of modern firearms that are in common use throughout the country for self-defense.

Brought on behalf of individual gun owners, retailers and Second Amendment groups, this lawsuit seeks to vindicate the constitutional rights of citizens who are harmed by the broad prohibitions and unworkable vagueness of the new law. This legal challenge focuses on Connecticut’s ban of more than 100 additional commonly-owned firearms, demonizing design features that provide improved safety, accuracy and ease-of-use features, including magazines that hold more than ten rounds of ammunition. This lawsuit also challenges the practical bans imposed by the new law on an even broader array of firearms due to the new law’s vague language and interpretative confusion combined with severe criminal penalties.

Plaintiffs bringing this lawsuit include an elderly widow who lives alone in a rural area where the emergency response time of a lone resident trooper serving the area is 45 minutes, a Rabbi whose synagogue in the Bridgeport area was broken into by intruders, a young professional woman whose efforts to defend herself are made more difficult by the loss of an arm due to cancer, among other individuals. In addition, retailers whose businesses have been severely harmed by the law have joined this lawsuit, which was conceived and organized by fellow plaintiff organizations: the Connecticut Citizens’ Defense League (CCDL) and the Coalition of Connecticut Sportsmen. Both organizational plaintiffs represent large numbers of Connecticut citizens whose rights to own the firearms of their choice for self-defense and other purposes such as sports shooting and hunting has been infringed upon by the new law.

Bob Crook, Executive Director of the Coalition of Connecticut Sportsmen, says, “This law will do nothing to prevent a tragedy or solve the problem of crime committed with guns. Instead of violating constitutional rights, we need to get serious about addressing violence and mental illness.” He continued, “Two recent independent studies by Pew and the federal government have just revealed that gun homicides are down almost 40% and general crime involving guns has dropped a whopping 70% since 1993, which corresponds with the elimination of the federal assault weapons ban. In contrast, the few areas of the country where gun crimes have increased dramatically are the very places where local or state governments have banned or severely restricted gun ownership by law-abiding citizens.”

This Connecticut lawsuit, along with similar legal challenges in New York and Colorado are expected to better define the extent of a responsible citizens’ right to own a commonly used firearm of personal choice for self-defense, defense of family and other lawful uses. Each of these states has enacted new firearms laws that, despite law-makers best intentions, make citizens and law enforcement less safe against criminals and the mentally ill who do not obey these laws.

Your NRA will continue to work in Connecticut and in other states across the nation to support and protect our Second Amendment rights.

PS
I realize that I may start to sound like a gun nut to some, and that I will have to diversify the targets of my ire to maintain my cred as a sane member of society. Stay tuned.

Connecticut: Attention Gun Owners and Sportsmen—You are Immediately Impacted by the State’s New Draconian “Gun Control” Law

From my not-really-so-good friends (final status still to be determined; currently I’ve signed up for a one-year protest membership against the hypocritical, dishonest and self-serving politicians on both sides of the aisle, both locally here in Hartford, CT and in Washington) over at the NRA, here is the short version of Connecticut’s new gun law.

Parts of the law went into immediate effect on April 4th, but I had to wait for an email from the NRA to get a decent rundown of what the new law actually means for CT residents and gun owners.

I have a conflicted relationship with the NRA (I’m warming up to them, though), and at this point still will not recommend anyone to join, but will instead provide a link to Connecticut Citizens Defense League (CCDL) for those who want to become active and/or support the cause locally. If you want to join the NRA I’m sure you can find them on the Internet on your own.

Here is the text of the legislative alert email I received from NRA-ILA (National Rifle Association – Institute for Legislative Action):


On April 4, Governor Dan Malloy (D) signed Senate Bill 1160 into law and, as expected, this law contains many onerous and damaging provisions that will only penalize responsible gun owners and sportsmen in Connecticut. Some provisions of this law are effective immediately, while others will go into effect in several months.

It is critical that you stay tuned to www.nraila.org to understand the impact of this new gun control law. Your NRA is doing everything in its power to reverse this dangerous law that has no affect on criminals and only impacts responsible gun owners and sportsmen in Connecticut.

EFFECTIVE IMMEDIATELY:

  • There is an immediate ban on the sale or purchase of magazines that hold more than 10 rounds.
  • If you currently have a state Permit to Carry Pistols and Revolvers, you may only load 10 rounds into your firearm when carrying for self-defense pursuant to a Connecticut permit to carry pistols, even if your magazine has the ability to accept more rounds.
  • You may not carry a firearm for self-defense if the magazine “extend[s] beyond the bottom of the pistol grip.Many commonly owned handguns have magazines with floorplates that “extend beyond the bottom of the pistol grip, and could therefore be affected by the new law.
  • Due to physical characteristics, more than 100 firearms are classified as “assault weapons” and are banned immediately. Click here to see the full list.
  • With limited exceptions, individuals have to be at least 21 to purchase any semi-automatic centerfire rifle. This runs contrary to the current federal age limit of 18 to purchase any long gun.
  • All firearms sales, deliveries and transfers, regardless of where they take place, must go through a Federal Firearms Licensed (FFL) dealer or through the Department of Emergency Services and Public Protection (DESPP).

EFFECTIVE ON OCTOBER 1, 2013:

  • Individuals over the age of 18 must obtain an “ammunition certificate” to purchase ammunition and magazines.
    • The fee (tax) for this certificate is $35 and must be renewed every 5 years.
    • You will be subjected to a criminal background investigation.
    •  If you already hold a valid state Permit to Carry Pistols and Revolvers or newly created “long gun eligibility certificate,” you are exempt from this additional requirement to obtain a separate “ammunition and magazine certificate.”
    • You can apply for this certificate beginning on July 1, 2013.

EFFECTIVE ON JANUARY 1, 2014:

  • All currently possessed magazines that have the ability to hold more than 10 rounds must be registered with the DESPP no later than January 1, 2014 under procedures that are still to be determined.
    • Any non-resident who moves into Connecticut after January 1, 2014 will have 90 days to permanently disable, sell to a gun dealer or take out of state, any magazine that holds more than 10 rounds
  • Any semi-automatic centerfire rifle that can accept a detachable magazine and has specific cosmetic features, certain semi-automatic pistols and certain semi-automatic shotguns are immediately classified as “assault weapons” and must be registered with the DESPP by January 1, 2014.
    • Any non-resident who moves into Connecticut after January 1, 2014 will have 90 days to permanently disable, sell to a gun dealer or take out of state, any firearm that is now classified as an “assault weapon.”
    • Click here to see if your firearm will need to be registered by January 1 under the new law.

EFFECTIVE ON APRIL 1, 2014:

  • Individuals must apply for a “long gun eligibility certificate” through the DESPP to purchase any rifle or shotgun. You are exempt from this requirement if you have a Connecticut permit to carry a pistol or revolver; a pistol or revolver retail sales permit; or a pistol or revolver eligibility certificate.
    • The fee (tax) for this certificate is $35 and must be renewed every 5 years.
    • You must complete a DESPP- approved firearms training course.
    • You must submit fingerprints with your application.
    • The DESPP commissioner will have 60 days after the receipt of your application to issue the “long gun eligibility certificate,” which can then be presented to a licensed firearms dealer to purchase a long gun.
    • You can apply for this certificate beginning July 1, 2013.

It also remains uncertain as to the total implications to out-of-state hunters or individuals traveling through Connecticut. Your NRA will continue to keep you updated as the egregious provisions of this poorly drafted and deeply flawed law are analyzed.